By Matthew A. McIntosh / 03.13.2016
The Supreme Court ruled in Brandburg v. Ohio (1969) that and provided a two-pronged test to determine when speech escalated to criminal activity. The Court ruled that speech is not protected under the following two conditions:
- speech can be prohibited if it is “directed at inciting or producing imminent lawless action”
- it is “likely to incite or produce such action.”
Let’s look at some statements made by Donald Trump at his rallies as he to his supporters about protesters:
- St. Louis: “You know, part of the problem and part of the reason it takes so long is nobody wants to hurt each other anymore, right?”
- Fayetville: “They used to treat them very, very rough, and when they protested once, they would not do it again so easily…we’ve become weak.”
- Michigan: “Get him out. Try not to hurt him. If you do, I’ll defend you in court, don’t worry about it.”
- Las Vegas: A protester should “be carried out on a stretcher” and “I’d like to punch him in the face.”
Donal Trump has blatantly violated the law and should be arrested and charged for incitement to violence per precedent in Brandenburg v. Ohio.
Don’t hold your breath, it’s not likely to happen. He’s rich. Only us regular folk get arrested for things like that.